Untitled Texas Attorney General Opinion

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Julg.19, 1951
Hon. Sam W. DaVis opinion Ro. v-1207
Criminal District Attorney
Houston 2, Texas Rer Valldlty and applica-
bility to Harris County
of Sec. la, ,Art. 5139,
V.C.S., allovipg addl-
tional competiation for
aervlce on tb. juvenile
board by county.judgee
of, counties v~$@I border
oxi the Gulf df Hexlco
and have i~population
Dear Spt above 100,000.
T@e ~&ueat'oS your off&6 atatee.that a Sor-
mer County Jtidge'of Rarris~Cotity',has Piled a claim '
against the county,for unpaid salary In the sum bf $2,-
320.83 for acting a6 a member OS the JuVenlIe~ &&wd.oS.
Harrls'Countg under the'provlalons"oS Ax$i'cle ,5;39;'
V.C.S., which provide8 In part aa'follows:.
"Seo. la:~ In any aounty having a
latlon of one hundred thousand (100,000
over according to the preoedIng Federal Cen-
.BW, and vhieh said couuties'border oxi the
ffulf of Me~xlco, the members compoelng such
Juvenile Board in such county, Including the
County Judge a8 a member of said Board, shall
each be allowed additional compensation In
the amount of One ThoueanrLFlve Hundred ($l,-
500.00) Dollare per annum, which shall be
paid In twelve (12) equal inetallmente out'
of the General 'Fund OS such county upon the
order of the fXinn~Ieslonere Court. Compensa-
tion herein provided shall be Ins addition to
the salary paid District Judges and'Oounty
Judges of the State and county."
:
,,You ask tvo~ quest1~m;vIz.f . :
Does Rarrle County border upon the Gulf-
of Mexico wIthin the meaning of Article 5139,
v.c.s.4 .,
Hon. Sam W. Davis, page 2 (V-1207)
1s Artlole 5139, V.C.S., unconstl-
tutlonal under the provision8 of Article
III, Section 56, Constitution of Texas?
Harris County fronts on Galveston’Ray, which
is in arm 0s the Gulf 0s Mexico.
The emergency clause of the statute vhich added
Section la. OS Article 5139 (Acts 51st Deg., R.S., 1949, ch.
366, p. 699) reads:
“The fact that there are numerous
juvenile problems involved in those coun-
ties bordering on the Gulf of Mexico which
require additional work and consideration
on the part of the County Judges who are
members of Juvenile Boards, because of the
nature of juvenile problems arising in port
cities and elsewbege along the coast, cre,atea
an emergency . . .
Although Harris County borders on Galveston
Ray, which is a part of the inland ,watera, of the State
(see Humble 011 & Reflnlng Co. v. Sun Oil Co., C .C .A.
tti, 1951, yet t d] think the referen& to
2port cities* s’“E ~oa~tXeclearIy. indicates that the
purpose of the Act was to include all coastal counties
and that the term ‘Gulf of Mexico” was used ln a loose
sense to Include its arma and inlets. The additional
vork for which compeneatlon is granted arises from oondl-
tions existing In port cities and ooastal areas. The ex-
istence of these conditions does not depend on whether the
coastal countlea touch on the Gulf of Mexico proper. Your
first question is accordingly ansvered ln the affirmative.
Section ,56 of Article III, Constitution of Texas, ’
provides ln partr
“The Leglalature shall not, exoept
as otherwise provided In this Constltu-
tion, pas8 any local or special law, . . .
*Regulating the affairs 0s counties,
cItl.ei, towna, wards or school districts;
. . .
in Iamon
__- _--- v. Fernuso+
__..``~ 213 s.W.2d 86 (Tex.Clv.
App. 1948)) the court’ had bef ,ore it for conalderatlon a
similar aht In which it held that the judges comprlslng
the juvenile board vere performing a duty on behaIS of
the State and therefore the act waB not unconstltutlonal
.
.
Hon. Sa&W. Davis, page 3 (V-1207)
as being a local or special law regulating the affairs of
counties, This holding was reaSSlrnk?d inTravis County v.
Matthetis, 235 S.W.2d 691 (Tex,Clv.App. 1953, error ref.
~zYiciq7
You are therefore advised that Article 5139,
v C.S., does not violate Section 56 of Article III of
the Constitution of Texas.
SUMMARY
Se&ion la OS Article 5139, V.C.S.
which creates juvenile boards la certain
counties, is applicable to Harris County.
This statute is not a lo& or apeoial law
within the meaning of Section 56 of Article
III of the Oonatltutlon of Texas.
APPROVBD:
J. C. Davis, Jr.
County Affairs D&vision
'Jesse P. I&on, Jr.
Reviewing Assistant
Charles D. Matheve
First Aeeletaat